Frequently Asked Questions

Is Mediation Confidential?

Yes, mediation is confidential. In order for the parties participating in the mediation to have open and honest communication it is important that the discussions take place “off the record”.

The mediator will not, unless otherwise agreed to in writing by all parties, voluntarily disclose the substance of the discussions to anyone. You will be asked to sign an “Agreement to Mediate” form which states that you will not be able to call the mediator to testify in any subsequent legal proceedings. The one exception to the confidentiality rule is if child abuse, elder abuse or potential harm to any of the parties is suspected. By law the mediator is required to disclose this information.

Does the Mediator make decisions?

No, the mediator does not make decisions for you. The mediator is strictly a neutral third party that helps to facilitate the discussions.

Do I still need a Family lawyer?

Yes, you do need a lawyer. It is important that you are aware of your legal rights so that you can make informed decisions. The role of the lawyer is lessened in the mediation process. This provides you with a significant cost savings.

How much does it cost?

There is an hourly fee for mediation sessions and a separate fee for documenting the draft Memorandum of Understanding. Costs are shared between the parties attending mediation. Fees are payable at the end of each mediation session. Keep in mind that mediation is less costly, both financially and emotionally, than litigation. Check with your employer or your Employee Assistance Plan to see if funding is available for mediation.
 

How long does it take?

The length of mediation depends on how many issues there are to mediate and how open and cooperative the parties are. In general there are individual sessions of 1-1 ½ hours with each party and then a number of joint/group sessions that run usually 2-3 hours. If there are fewer minor issues, perhaps only one joint/group session may be required.